Acórdão nº 0260533 de Supremo Tribunal Administrativo (Portugal), 17 de Outubro de 1990 (caso None)
Magistrado Responsável | LEONARDO DIAS |
Data da Resolução | 17 de Outubro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CRIM.
Legislação Nacional: CE54 ART10 N1 N2 ART59 B ART61 N1.
Sumário: I - Vem provado que o réu se desviou para a sua esquerda, passando a ocupar parte da meia faixa de rodagem que competia ao trânsito que se fazia em sentido contrário, quando ia cruzar-se com a Dyane, de tal forma que a foi embater frontalmente. Deu, pois, causa ao acidente. II - E de modo exclusivo, porque não se provou que alguém mais tenha contribuido para a sua produção, nomeadamente, a vítima, que seguia bem dentro da sua mão de trânsito. E causou-o com culpa. Porque também vem provado, aquele seu desvio para a esquerda, fê-lo para ultrapassar um ciclomotor que seguia à sua frente, sem que, previamente, se tivesse certificado de que podia fazer essa manobra sem colidir com a Dyane. O que significa que violou o disposto no art. 10, ns. 1 e 2, do CE. Consubstanciando-se a sua culpa nessa violação, ou mais concretamente, na omissão do dever de cuidado imposto no n. 2 do mesmo artigo, na medida em que o resultado produzido - colisão com veículo que circulava em sentido contrário - é um dos que se visa directamente evitar com a imposição daquele dever. Dito de outro modo, porque não respeitou aquele dever de cuidado adequado a evitar o resultado produzido. Uma vez que, do acidente causado por essa conduta contravencional do réu, derivou, como consequência directa e necessária, a morte de três pessoas, cometeu ele, inequivocamente um crime de...
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